Private job agreement
Mutthappa
(Querist) 17 September 2016
This query is : Resolved
I made three years service agreement to a private company after completion of one year training in a same company. Now I want to know that is there any provisions of job agreement s in a labour law.
The contract agreement made in a company letterpad and not in any type of bond papers. Pls anyone suggest me..
Guest
(Expert) 17 September 2016
Nature of the question indicates that the query is an academic query. Had it been true, you could have asked this question before entering in to the agreement.
However, if there is any truth in your description, you are too late to ask this question, when the event has already took place. Your question was valid only before entering in to the agreement.
Now, by the way, what will you do if some one tells you that agreement is not legal?
So, now it depends upon the language of the agreement, whether that violates provision of any law. Show your agreement to some local lawyer to ascertain about your doubt, if any.
Kumar Doab
(Expert) 17 September 2016
The training of one year?
What was it?
Are they teaching some serious subject e.g; Rocket Science.!
You may certainly show all docs on record to a very able counsel specializing in Labor/service matters for a considered opinion on defects, options, merits. .
Ms.Usha Kapoor
(Expert) 18 September 2016
Contact an expert labour/service Lawyer of your area.
Raj Kumar Makkad
(Expert) 18 September 2016
Almost all companies give training to its employees and prior to that a bond is executed to the effect that the employee work in the company thereafter for a specific period against specified salary.
Generally employees after getting training and after availing the huge amount on their training by their employer do feel that they do possess more market value than offered/bonded by their employer.
This is the rule of demand and supply. At the time when you were in need of job, accepted whatever company desired/offered and now when you are having some expertise (due to getting training on the expenses of the company), are showing your displeasure but don't forget, you are bound by the terms of the agreement.
Deposit the bond amount and leave if you are not satisfied with your current remuneration.
Kumar Doab
(Expert) 18 September 2016
The agreement was signed by you by your free will.
>>> Training and Bond:
The training provided by employer on products,processes,policies, strategies etc etc so as to enable the employee to handle the counters of employer should b without any cost to employee.
The Bond crafted on grounds of such training are on weak foundation and may not clear test of law...................e.g Bank claim that that they provided specialized knowledge and press Indemnity Bond etc.
The court of law decided that Indemnity Bond is unconscionable and against banking regulations.
>>> Notice of resignation as Bond or appointment letter:
Notice of resignation is part of service conditions and may be governed by various enactments applicable to establishment/employee/employer and shall prevail upon any private agreement/rule/policy crafted by employer and signed with employee.................. e.g. appointment letter/offer letter/HR policy/contract of employment etc etc
There are many similar illustrated threads at LCI on similar queries.
The querist/author may clarify and post full facts.
The querist/author may clarify whether it was Training or apprenticeship etc etc............
Rajendra K Goyal
(Expert) 27 September 2016
adequate guidance provided by the expert Kumar Doab, can proceed accordingly.
Kumar Doab
(Expert) 27 September 2016
Thanks Expert Mr. Rajendra K Goyal.
The employer and its attorney's do claim that it has spent such huge amounts on training that employee has drained them while it may not be even some nickles.
There are enough threads at LCI alone that show loud and clear the rackets that unscrupulous employers bind employees in say: Campus Placements...........
Until or unless it is some serious training e.g; rocket science...........there may be NO such expense.
Rajendra K Goyal
(Expert) 28 September 2016
Kumar Doab ji,
Your efforts in replying the queries need to be saluted.
Thanks for your continuous hard work.
Kumar Doab
(Expert) 28 September 2016
Expert Mr. Rajendra K Goyal,
Many thanks.
Appreciation from good, big and lion hearted companions, experts, seniors does motivate and prompt to exert.
Raj Kumar Makkad
(Expert) 28 September 2016
AND I salute both of you experts who devote their maximum efforts to resolve the query of the authors by hard labour.
You both are big assets for this noble site.
Guest
(Expert) 28 September 2016
Dear Shri Kumar,
I really wonder, if you have treated the present query as a genuine problem of the author, whereas he has simply raised academic questions.
Even if his query is treated as a real life event, he has not discussed any problem to have arisen so far even after signing agreement with the employer.
Further, the author has stated that he has already signed the agreement. So, after signing the agreement, where was the logic of his asking academic query, "Now I want to know that is there any provisions of job agreement s in a labour law. The contract agreement made in a company letterpad and not in any type of bond papers. Pls anyone suggest me.."?
Question arises, if he is told now about any drawback about the agreement even without seeing the contents of the agreement, would he afford to take the employer in the court of law at the stake of his job?
THE QUERY WAS DEFINITELY AN ACADEMIC QUERY, NOT A PROBLEM. But, probably, you prefer to respond to all the queries, irrespective of whether that is academic or otherwise.
Also, where any such problem was discussed by the author to make you assume that his employer was involved in some racket to bind his employee unscrupulously? Contrarily, the author himself has stated that he got one year's training from the employer. In that event, would the employer like his employee to flee away after attaining skill for full one year from his organisation? Why he should not have a bond from his employee to remain loyal at least for two further years?
In my view, we have too smell the sense of the question before replying. Rest depends upon your on wisdom. You may, if you like, continue with your venture to open a tuttorial class for the students.
